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Best Practices for Preserving Privileged Materials in a Litigation Finance Transaction

Litigation financing provides extraordinary opportunities for litigants to reduce the risk of litigation and increase their chances of obtaining a fair recovery on their claim.  But the realities of the litigation financing transaction require that both funders and litigants exercise…
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Protecting Attorney Work Product in Litigation Financing

As noted in a previous post, when litigants and their lawyers communicate with litigation funders, they must be careful not to reveal confidential communications with their attorneys, lest they waive the attorney-client privilege. Those involved in a litigation finance transaction…
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Protecting Privileged Communications in Litigation Financing

When litigants are communicating with litigation funders, they must provide information about their case.  This communication creates a possibility of disclosing confidential communications to the funder, which is a third party. Obviously, the disclosure of information to anyone outside of…
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How Usury & Other Consumer Lending Regulations Can Affect Litigation Finance Agreements

Every state has usury laws that limit the amount of interest that a lender can charge a borrower.  Because litigation financing is often misapprehended as a “lawsuit loan,” there has been some suggestion that usury law can apply to limit…
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